Legal Question in Real Estate Law in California
I moved out of my apartment 1-16-12. I asked my landlord if I could come the next day and sweep and clean up because I was tired, be said no problem because he would be gone until the 18th. He ended up coming back the next day the 17th.
The late hours of the 16th I became ill and had to call 911 and ended up having emergency surgery and was in the hospital for a week. When I spoke to him all he talked about was the damage my cats did to the wallpaper which we both already knew about. When I could walk I walked over to see my old place because I heard he was doing major construction to it and the unit directly across the hall from mine on the second level. Still all he talked about was the damage done by the cats which I have no problem paying for.
When I finally received my "refund" from my deposit he had claimed that my movers damaged the front door downstairs and he charged my $500. I am positive it did not happen when I moved. I have antiques and was very anal about the movers being careful and I was standing there the whole time. The door was not damaged when I left. I am sure it was done by his construction crew as they went to work immediately following my departure.
My movers will have a statement notarized that says the door was not damaged by them and was not damaged when they left. Do I have a chance in Small Claims Court of getting my $500 back?
1 Answer from Attorneys
Yes, and it may be better than 50%, but watch out for cross-complaints! There is a certain risk that, for example, the cat damage figure would increase by $501. Also, Small Claims Court is kind of a crapshoot anyway; great in theory but the results depend more on chance and witness personality than upon strict interpretation of the law and evidence. If you feel strongly, have some spare time to devote, and don't mind a risk of losing, then give it a shot.
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